Premises Liability 101: Everything You Need to Know

Premises Liability 101: Everything You Need to Know

Posted By
Samster Konkel & Safran, S.C.

Property owners are responsible for maintaining a safe, hazard-free property.
Any potential dangers could result in a serious accident, potentially
leaving the property owner responsible for a severe injury. However, these
cases are not as straightforward as they may seem. If you or someone you
love was injured on another person’s property, make sure you know
what you need for a premises liability case in Wisconsin.

Premises Liability Basics

When you enter another person’s property, that property owner is
responsible for preserving your safety while on that property, to a certain
extent. If there are any hazards or dangers on their premises, they could
be held liable for any injuries that occur as a result. This could include
anything from a slip and fall incident caused by a slippery fall to a
drowning accident caused by an open pool. If a property owner does nothing
to prevent such accidents from occurring, or fails to provide adequate
warning against potential hazards, they might be considered responsible
for any resulting harm.

Property Visitors

When someone enters another person’s property, they enter as one
of three different types of visitors:

1. Invitee

2. Licensee

3. Trespasser

An invitee was either invited or allowed onto the property after receiving
permission from the property owner or manager. A licensee is also granted
permission from the property owner, but they are there for their own purposes.
For example, a licensee might be a door-to-door salesperson. Lastly, if
the visitor did not have permission from the property owner, that individual
was a trespasser.

Children & Premises Liability

Kids tend to make premises liability cases a bit trickier. While adults
are considered capable of discerning certain dangers for themselves, children
are not. Kids, especially young children or toddlers, lack the cognitive
ability to comprehend some of the dangers certain properties might contain.
For example, where an adult sees a rusted, flimsy car frame, a child may
see a potential jungle gym. For this reason, property owners are responsible
for taking measures to protect children from coming into contact with
any potential hazards they contain on their property. If a property is
not gated off, or if there are dangerous objects in the front yard where
a young child might easily stumble upon them, the property owner might
be considered liable for the child’s injuries.

However, there are often exceptions to this rule when the owner has provided
adequate warning about the potential dangers, or when the child is old
enough to perceive the potential danger. Teenagers or older children,
for example, are often capable of seeing the danger in certain actions,
but if they forgo all warnings and put themselves in danger anyways, the
property owner may not be responsible for their injuries.

Common Types of Cases

Premises liability cases may vary, but there are a few different types
of cases that tend to occur more frequently than others. Most premises
liability cases include:

Slip and fall accidents

Dog bites

Negligent security

Swimming pool accidents

Amusement part accidents

Elevator or escalator accidents

If you or someone you love was harmed on someone else’s property,
our firm is here to help you. We can assess the circumstances of your
injury and help determine whether you have a case and, if so, who may
be liable.